Herring v. Selden
Supreme Court of Vermont
This was a writ of error to reverse a judgment of the County Court. SilasRichards and David Selden, the present defendant,, as surviving partners of the late firm of Andrew Ogden & Co. of New York, commenced their action in Chittenden County Court, against Thomas, Herring, the plaintiff.in error,.upon several proim-isory notes executed by him to the firm aforesaid.
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This was a writ of error to reverse a judgment of the County Court. SilasRichards and David Selden, the present defendant,, as surviving partners of the late firm of Andrew Ogden & Co. of New York, commenced their action in Chittenden County Court, against Thomas, Herring, the plaintiff.in error,.upon several proim-isory notes executed by him to the firm aforesaid. After several continuances, a final judgment for a large amount,, was rendered in favor of Richards & Selden, against Herring, at the February term of said Court, 1823. This writ of error was thereupon brought alleging, as error in…
1Opinion of the CourtRoyoe, J.
By the record -complained of, it appears that the suit below was instituted in as-sumpsit upon several promisory notes, and was prosecuted to final judgment in favor of Silas Richards and David Selden against file plaintiff in error,who now alleges, as matter of error in fact, that between the commencement of that suit, and the rendition of judgment therein, Silas Richards died; — for which reason he prays that the judgment may be reversed. The defendant has pleaded that there is no error in the record, which is admitted to be in the nature of a demurrer, and to imply a confession of the…
2Cited by1 opinion
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